Col. Joel Wilkinson, chief of the Maine Warden Service, answers questions during a legislative meeting Wednesday about the conduct of Maine game wardens during undercover poaching investigations, at the State House in Augusta. Robert F. Bukaty/The Associated Press

AUGUSTA — The chief of the Maine Warden Service said he has stopped all undercover operations, but will not investigate the conduct of an undercover game warden who has been accused of padding evidence, providing alcohol to suspects and violating wildlife laws to entice suspects to commit crimes.

Col. Joel Wilkinson said during a hearing before the Legislature’s Inland Fisheries and Wildlife Committee Wednesday that he has “no intention” of second-guessing the undercover agent, William Livezey, who has come under fire for undercover investigations in Aroostook, York and four other Maine counties.

Rep. Robert S. Duchesne, D-Hudson, right, and Sen. Paul Davis, R-Sangerville, were part of a committee posing questions to Wilkinson and Woodcock during a hearing about Maine Warden Service undercover practices. Andy Molloy/Staff Photographer

Maine Public Access Ombudsman Brenda Kielty was called to appear before lawmakers in Augusta. Andy Molloy/Staff Photographer

Wilkinson also said that the warden service does not have any current undercover operations and has suspended them since a Maine Sunday Telegram report, “North Woods Lawless,” was published that called Livezey’s conduct into question.

He said when the Portland Press Herald identified Livezey and published his photo, it exposed him to harassment. The warden service, however, had included that photo in the public court documents it filed in the Aroostook County investigation and used it as evidence against one of the suspects.

“They have ramped emotions unfairly and unnecessarily,” Wilkinson said of the newspaper.

Maine Inland Fisheries and Wildlife Commissioner Chandler Woodcock also told lawmakers Wednesday that raising questions about Livezey’s investigation was a “fabricated” story that makes “nice reading” but has no basis in fact.

Woodcock, Wilkinson and Brenda Kielty, public records ombudsman at the state Attorney General’s Office, were all called to appear before the Inland Fisheries and Wildlife Committee in response to an outcry after the May 8 article by reporter Colin Woodard.

The committee did not accept any input from the public, from the media that raised the issues or from interested lawmakers who sat in the audience.

At one point, a member of the audience stood and demanded to be heard, but the chairman of the committee, Sen. Paul Davis, R-Sangerville, quickly called for a security officer to silence the man.

Kielty was called to the hearing to answer questions about the newspaper’s requests for information from the warden service about its undercover operations. Several members of the Judiciary Committee have expressed interest in reviewing the issue, but the committee chairmen have not sought permission from legislative leaders to hold a hearing.

State Rep. Kim Monaghan, a Democrat from Cape Elizabeth who is a member of the Judiciary Committee, said Wednesday’s proceeding was not really a hearing.

“It wasn’t a hearing because there were not two sides. It was a one-sided hearing,” said Monaghan, who sat in the audience.

Some of the people in the audience at the hearing had been among the targets of the game warden’s investigations.

Gary McCabe, who was the target of an operation in Milford, said the hearing was a disappointment. He said he thought the committee would examine problems with the warden service.

“It was definitely a letdown,” he said afterward. McCabe, who said he had never poached before and didn’t do so on the night he was arrested for night hunting, was ultimately charged with nine violations.

WARDEN CHIEF DEFENDS AGENT

The committee focused only on the Aroostook County undercover operation and asked no questions about investigations in other counties, although Livezey was the undercover agent in all of them.

Despite allegations that Livezey provided alcohol to suspects and was often drinking himself, Wilkinson described Livezey as “a Christian man who doesn’t drink, period.” He then paused before adding, “Unless he’s working.” The comment drew laughter from the audience.

“The reactions to this story have astounded me,” Woodcock said. “Today we are here for facts.”

Cliff Schechtman, executive editor of the Portland Press Herald and Maine Sunday Telegram, said the assertion that the Telegram’s investigation was fabricated is absurd.

“One of the most respected journalists in the state spent six months reviewing thousands of pages of documents, many of them from court files and others from the warden service’s own reports. He also interviewed scores of people to compile this investigation. The idea that Colin Woodard ‘fabricated’ the story doesn’t pass the straight-face test,” Schechtman said.

The May 8 article documented a backlash to Livezey’s Allagash investigation in which he worked undercover for two years pretending to be Bill Fried of Pennsylvania, befriending local residents and enticing them to commit wildlife crimes. The operation culminated with a massive 2014 raid that was filmed by a television crew for the Animal Planet series “North Woods Law.”

INITIAL REPORT SPAWNED SIMILAR STORIES

Local residents complained about what they said was an outsized operation, considering the nature of the charges. They were perhaps most upset that the wardens had confiscated a 64-year-old woman’s home-canned peaches and, according to her, failed to return most of them.

After the story ran, numerous targets of another undercover operation in the York County town of Parsonsfield came forward with similar allegations. People from investigations in Androscoggin, Lincoln, Penobscot and Washington counties also came forward with similar complaints that Livezey drank excessively in their presence, plying suspected scofflaw hunters with alcohol before urging them to commit crimes – such as driving deer, shooting deer out of season and carrying a loaded gun in a car – and committing some of the offenses himself for which the subjects of his investigations were later prosecuted. Most of the subjects ultimately took plea bargains.

Livezey previously had been accused of misconduct in an undercover operation in Oxford County in 2003 and 2004, prompting a decision by the Maine Supreme Judicial Court that found his behavior may have been “repugnant,” but did not rise to the level that the criminal charges stemming from his investigation needed to be dismissed.

Many members of the Inland Fisheries and Wildlife Committee used Wednesday’s hearing to chastise the Press Herald for reporting on claims about the undercover investigations and to praise the warden service.

“They are doing a good job out there for us to feel secure,” said Sen. Scott Cyrway, R-Kennebec, in support of the Maine Warden Service. “I think this is a situation that has put an officer in a bad situation. I think we have to be careful how far we go with this.”

“I feel this article was blown way out of proportion,” said Rep. Stephen Wood, R-Greene, referring to the Maine Sunday Telegram article.

Wood then said to Woodcock and Wilkinson, “I think you are doing a good job.”

“It’s a terrible thing that the undercover agent’s identity and picture was put out by the Portland Press Herald,” said Rep. Stanley Short Jr., D-Pittsfield. “It has ruined the individual officer’s career.”

“This was not only an attack by the story of one officer, but of all law enforcement officers in the agency,” Deschambault said. “This hearing is a sober exercise and focused on fact finding.”

LEGISLATIVE CRITIC: ‘IT’S A WHITEWASH’

However, one lawmaker in the audience, Rep. Jeffrey Evangelos, I-Friendship, said that Wednesday’s hearing was one-sided and ineffective as a fact-finding inquiry, since the Inland Fisheries and Wildlife Committee members would not allow members of the public to speak.

“All that was missing was the pompoms and cheerleaders,” Evangelos said. “It’s disgraceful. It’s a whitewash.”

Davis, the chairman of the committee, led Wednesday’s meeting from start to finish, opening by reading aloud from the May 8 article, several paragraphs at a time. He paused to let committee members ask questions of Wilkinson, Woodcock and Kielty, then resumed reading the article to its end.

Davis had met privately in the past couple of weeks with the three government officials to go through the same article line by line, much as the full committee did Wednesday.

Davis also read aloud 37 questions that had been posed to the committee by members of the Judiciary Committee, who have oversight of the state’s compliance with public records laws.

The Press Herald had filed three formal complaints with Kielty against the Maine Warden Service for failing to comply or inadequately complying with the Freedom of Access Act requests for information.

“It has been very adversarial and very contentious,” Kielty said of the exchanges between the newspaper and the warden service. “It should have been resolved a long time ago.”

Wilkinson acknowledged during the hearing that the warden service had consulted with Gov. Paul LePage’s administration before “North Woods Lawless” was published and decided to stop answering the newspaper’s questions because they believed Woodard intended to write an intentionally damaging article.

At the conclusion of the hearing Wednesday, Davis said his committee has no plans for further hearings. He said the Inland Fisheries and Wildlife Committee will look into the allegations of misconduct in undercover operations in York County and elsewhere on its own.

A chairman of the Judiciary Committee – Rep. Barry Hobbins, D-Saco – said after Wednesday’s hearing concluded that he was hopeful that his committee would take up the public records issues at a later meeting.

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Sounds like Wilkinson has dreams of running the CIA or NSA, with “secret courts” and the ability to “disappear” people if they ask too many questions.

MainelyMom

These legislators do not seem to have taken this matter seriously, in fact based on their performance today they appear to be fully supporting the sham; this is despite the fact that it appears that those charged with poaching were entrapped. The entire situation is another Maine political farce soup to nuts as well as another embarrassment that we cannot afford. But lets blame the whistleblower: PPH. Its a disgrace.

Roy Gutfinski

People need to keep the pressure on. Quite a few years ago, the Warden Service got somewhat of a spanking when it was learned that their attitude toward sportsmen was costing the State money in the form of license fees, etc. For a while they seemed to wise up a little and now are right back to their former arrogance.

Birchwind

Perhaps someone should get a (not-redacted) copy of the Warden’s Service policy on investigating citizen complaints and determine if they would be violating their own policy by refusing to investigate a complaint against an employee.

Brian Messer

The Wardens in this “investigation” could be 100% truthful and acted honestly, but without an investigation each and every-time they testify at trial, apply for a warrant etc there will be that “Weren’t you one of the”….The old saying of the “Appearance of impropriety is worse that the act itself” This calls for an independent Investigation, the MSP are too close, it’s too wide ranging for any Sheriff’s dept Janet Mills should, if Maine law allows, appoint an independent Investigator to clear the air if nothing else If this was some little blurb by a newbie reporter is one thing, Colin Woodard is an award winning highly respected investigative journalist If there is one thing in the entire mess that makes me question either side it is the insanely redacted information provided to the PPH under the FOAA and since I first saw that I felt that may be the issue that bring Wilkinson et al down

da_maine_avenger

Time for the chief to retire. The wardens need to live up to the standards us Mainers expect for law enforcement. Since LePage, laws are only for the citizens, not government or it’s agencies.

Softball dad

So you are saying that all law enforcement uncover operations need to stop? So no more trying to get drugs off the streets? And your its Lepage’s fault argument is weak. If you don’t think that all politicians from both sides don’t think they are above the law then you are blind.

reed1v

And why would we believe the Service?

highpeaksman

The Maine warden service had a scoundrel working for them and the top dog Wilkinson approves of his behavior.
OK, I’ve lost all respect for the Maine warden service until Wilkinson and his “repugnant”
entrapment policies are gone.

William Linnell

I have always had great respect for the Warden Service, as my Grandfather, Brigadier General Lester E. Brown, was Chief Game Warden back in the 1940s and 1950s. I know he would never allow the degree of manipulation apparently used of late in getting convictions, as I know of a similar true story in which an overzealous warden was a guest in someone’s home, and was served “steak”. Suspecting that it was venison, the warden went out into the garage and found evidence of a recent hunt. The warden then busted his host for taking a deer out of season. Grandfather tore up the summons, saying that the wardens would not do business that way.
The recent undercover operations, however, apparently went much further than that, plying folks with alcohol, supplying the guns, ammo, beer, vehicle, camaraderie and leadership to practically guarantee that crimes would be committed.
If the Warden Service is denying these allegations, they need to offer proof. They need to provide, immediately, the information asked for in the Freedom of Information Act request.
I admit that I have become cynical about government. I suspect that Colonel Wilkinson is vigorously defending the undercover warden, refusing to run an investigation, because an investigation would show that the warden was simply following orders from higher-ups.
In any event, the people’s business needs to be done in public. This hearing was clearly not enough.
The legislature should quickly move for an independent investigation, and in the meantime, Col.Wilkinson and Commissioner Woodcock should either produce the emails and other requested information or be terminated. Terminations should continue until the information is satisfactorily produced.

Roy Gutfinski

The terminations should be summary and irrevocable.

Roy Gutfinski

Just one more comment on this issue before I head back out to get some work done. I worked in Maine law enforcement for some 35 years. It always occurred to me that fish and game enforcement was almost a religion to some in the Warden Service. I believe that harks back to the days of “market hunting” to near extinction for some species and the perceived necessity of employing non-traditional tactics to game law enforcement. Because they were “protecting our wildlife” the wardens were, more often than not, given the benefit of the doubt. Over the years, the concept of large scale “market hunting” dwindled and enforcement got down to “nit picking” and “nickel and dimeing” about types of tackle, calibers of firearms, square inches of fluorescent orange clothing, exact times for start and end of hunting, etc. etc. etc. I don’t fish or hunt anymore but regularly keep up on DIF&W laws and rules and regulations because I own a tree farm and have a vested interest in protection of the forest, wildlife and habitat. Truthfully, the fish and game laws are today so complicated that you need to have a lawyer with you when heading off into the woods or on the water. Many people I know who still fish, hunt or trap feel that the Warden Service is always looking over their shoulders hoping to get them for some violation or another.

ParForTheCourse

We need to be asking just where does the buck stop in all of this?

Roy Gutfinski

It’s a “hot potato” right now so they will be quickly passing it around until it cools off. No doubt, they are all hoping it will all go away.

highpeaksman

Paul Lepage , the scoundrel governor.

EABeem

This must be the new Republican standard operating procedure — hold “hearings” that only hear one side of an issue. For the chief warden to simply declare his man not guilty without even investigating further undermines respect for the warden service. Colin Woodard is an award-winning journalist. Chandler Woodcock is a partisan appointee. I know who I believe.

AmusedInMaine

Law enforcement does not like the bright light of public view shined on their activities, because it all too often shows behavior unworthy of the public’s trust. To me, it’s a matter of integrity, which is essentially absent, especially at the leadership level. The head of the Warden Service, “Colonel” Wilkinson, is a perfect case in point. They’re all part of the same club, and when the lights are turned on they close ranks and do everything possible to avoid blame and accountability, including when it’s clear they have behaved illegally and/or unethically. And the really sad thing is that we as a society allow them to get away with it.

survivor

I want them to prove some of the lies told yesterday. Show me court documents of the Mcbreairty suspects being previous felons (all guns returned! remember felons can’t own guns) and also show court documents of their parents being arrested years ago by another retired warden for poaching! OUTRIGHT LIES! And come on, if one of the suspects threatened the undercover with death, then why no mention of it, ever, in his 1000 pg story of two years investigating, Tell the truth or is it too embarrassing. The Primary target was summons with a single bird violation, the night of the raid. Two years investigating and you got one bird. He was arrested for a VCB on a domestic case but released do to error. But his face was plastered all over the papers as having been behind a moose killing spree. LIES! So. Do I feel bad that an undercover public officer has his face shown and harassed, well how does it feel?

survivor

And a note on the bird, it was stated yesterday that the gun used in shooting bird out of window could not be found and that Jess wouldn’t give it up and refused to take ethics class. Those charges were attributed to him based on a five page account by the UC and later dropped because first no gun of sorts ever owned by suspect, second the suspect had all guns removed by SP on a prior domestic (harassment) third charges were dropped because they had no evidence and wrong person. he never refused to take ethics class, it was only offered in Ashland and he could not make it. That class is not offered by the way to repeat offenders, or felons! It’s so easy to spew out jumbled half truths when your trying to cover up illegal activities in your own dept. but no point in trying to argue with a mindset, the folks in Allagash were targeted when the show wanted exciting footage of a big take down. Show us the emails from show to wardens service in what the show was looking for. Show us the real accounting of cost. $2500 might have covered the cost of the imported beer from PA that was freely handed out. Why would someone ask a guy for a beer unless he knew the guy enough to know he always had it on him. And if the UC wasn’t trying to do that then say No don’t have any? It makes no sense. I could go on but they don’t want to hear from the public. Funny accusing Mcbreairty of stealing the peaches,,,lol which one you talking about?

William Linnell

Maybe the Press Herald got it wrong. But the “I’m in law enforcement so I must be telling the truth” defense doesn’t cut it. So let’s see the e-mails, let’s see some evidence to support the wardens. Those emails and FOIA- requested documents should be preserved and subpoenaed. If the PPH is all wet, the Warden Service can comply with the law, produce the documents, and show us what was going on.

Margaret McBreairty

It is way too late now. Clearly they are sanitizing the emails.

ForMoreInfo

Doesn’t matter how someone thinks an article is going to be written, you answer the dang FOAA! It’s the law. Story would have been different, more two sided if they did. Warden Service took bad advice from the governor’s office. Must be personal.

And the AG’s office is at fault, too. They should have made sure the FOAA was answered. What say you?

highpeaksman

Totally agree, the warden service is hiding their “repugnant” undercover
operation.

Margaret McBreairty

By the way, one case, only one case ever used the entrapment defense and only one case ever went to Maine Supreme court with that argument. Bet it will be different tomorrow when it goes!

chiefread

What is this guy hiding? The Warden Service is generally above reproach but not in this case.

Jeffrey W. Judkins

“Maine Inland Fisheries and Wildlife Commissioner Chandler Woodcock also
told lawmakers Wednesday that raising questions about Livezey’s
investigation was a “fabricated” story that makes “nice reading” but has
no basis in fact.”

This sounds closer to the truth. PPH gets readers by firing up the naive and low-informed.

MaineRes

First of all, it amazes me to hear the same folks that believe a person is innocent until proven guilty, take the position that a law enforcement officer is guilty until proven innocent. Yes, every single one of the posts here alleging that the officer MUST be investigated are the same ones that would argue that a criminal deserves a fair trial. Just because he is a law enforcement officer, he should not be treated any differently. As a matter of fact, he should be treated with even more respect given that HE and any other law enforcement officer put their lives on the line every single day that they leave their home.

In the summer of 2013 the World Economic Forum (WEF) invited its 1,500 council members to identify top trends facing the world, including what should be done about them. The WEF consists of 80 councils covering a wide range of issues including social media. Members come from academia, industry, government, international organisations and wider civil society.

#7 on the list………….. A Lack of Values in Leadership

This is what sells newspapers…………In order to be logical and rational, one must not be quick to judge. If a criminal told your supervisor that you were conducting illegal acts, would you expect to be put under an extreme investigation without anyone providing your supervisor with EVIDENCE that you were doing these acts? No, you would be outraged! For anyone that says otherwise, your lying.

Anyone who knows Colonel Wilkinson knows that he is one STAND UP MAN! Arrogant?? NO….maybe confident is the word you are looking for. The Colonel has more integrity than every writer of the Portland Press Herald put together. It is easy for folks to sit back and judge someone’s authority and decision making, but I think you may want to look back at Colonel Wilkinson’s record. He turned the Warden Service around with his morals and values and in no way has he ever been corrupt in his position. For a supervisor to demand for EVIDENCE prior to investigating an employee he has known for years, that is respect. He respects every Warden out there because he has been in their shoes.

Is there abuse of authority in society at times? Absolutely! Has there been abuse here? Absolutely NOT! If someone handed me a gun and a beer and told me to kill someone and I did it, I AM RESPONSIBLE for my actions. That is where this world has become corrupt. Somehow, someway, it is someone else’s fault!! Taking responsibility for one’s actions has become scarce in society. That is the problem with today’s world.

Now as for an undercover officer “breaking the law” in a sting operation, how else do you expect criminals to be caught? Did you ever stop to think the Warden drank with these folks to hide his cover? Do you realize there are times when an undercover officer has no choice but to break the law in order to protect his life? For every single one of you that believe you have the right to sit back and judge this situation, I doubt you would survive the training, nevermind the day-to-day life of an undercover agent. Furthermore, why are you acting like this is some new strategy used by IW&F?

Jay Dobyns was an undercover ATF agent infiltrating the Hells Angels for years. From the time he was a prospect he spent a majority of his time pretending to be a hardened criminal. He got gang related tattoos all over his body, shaved his head, and engulfed himself in the lowest of the culture. During his time with the Hells Angels he did low level amounts of criminal activity, participated in drug and gun running, and staged an execution with the ATF department to take to his gang superiors as an act of initiation.

Undercover police are allowed to use and deal drugs, provided that they are authorized to do so by the appropriate authority (this is usually a senior police officer or a judicial figure, depending on jurisdiction).

In almost every jurisdiction, undercover officers are permitted to break certain laws as part of the operation, and drug use is one of them, although very serious crimes like murder or rape are not- this is why the famous “Donnie Brasco” operation had to be called off, as the undercover agent was asked to commit a murder and couldn’t get out of doing it. But drug use, they can do if necessary.

Many undercover operations also do not involve becoming the dealer’s “best friend” either. Some do involve getting close to the target, but others might involve, say, posing as a customer (particularly shorter or smaller-scale operations).

One other myth is that undercover officers legally have to identify themselves as police if asked- this is entirely false.

So to anyone out there feeling safe in their homes today thanks to our law enforcement officials out their putting their lives on the line, you may want to think twice before playing Judge and Jury. I can guaranty you that Colonel Wilkinson would NEVER turn a blind eye to corruption. He has more integrity than that – ask ANYONE that actually knows him……Thank you to all Maine Wardens!! Carry On….. #MaineInlandWildlifeandFisheries
#PortlandPressHerald
#MaineWardens

Margaret McBreairty

First you do not know me and I assure you that I am not a criminal and I absolutely do want a full and transparent investigation of the IF&W. If as you say, these allegations are all false, the full and transparent investigation will strengthen the organization and validate their operations. To not do so, is a lack of leadership; #7 on your list of trends facing the world.